Scraping Lawsuit Survives Dismissal Motion–CouponCabin v. Savings.com
…measures in order to continue their data scraping activities.” CouponCabin brought the following claims: Computer Fraud & Abuse Act (CFAA), anti-circumvention (DMCA 1201), breach of contract, trespass and tortious interference….
WTF Is Going On With Section 230?–Cross v. Facebook
…similar), Caraccioli and Klayman cases. The court correctly applies Section 230 to several of the plaintiff’s failure-to-remove claims of breach of contract, negligent misrepresentation and negligent interference with economic advantage)….
PGA Can Turn Caddies Into ‘Human Billboards’–Hicks v. PGA Tour
…the judge shreds the caddies’ attempts to find a legal doctrine to fit their gripes: Breach of Contract: the caddies argued that their contract with PGA didn’t expressly require them…
Google Defeats Lawsuit Over Duplicate Content Penalty–D’Agostino v. Appliances Buy Phone
…long-running litigation a little closer to final resolution after more than a half-decade of costly fighting. D’Agostino sued Google for breach of contract and the implied covenant of good faith…
Buyer Wins Dispute Over Earnout For Purchased Websites
…but their lawsuit was whittled down to a breach of the duty of good faith, which proceeded to trial. Following a bench trial, the trial court rejected the sellers’ claim…
Top 10 Internet Law Developments of 2015 (Forbes Cross-Post)
…why users would prefer zero ads over the rare useful ad. 2) Ashley Madison database breach. Law professor Paul Ohm (now of Georgetown Law) popularized the phrase “the Database of…
Oculus Faces Messy Ownership Claims Over Its Head Mounted Display–Total Recall v. Luckey
…to exclusivity, but the court says that Total Recall plausibly alleged that its payment obligation was excused by Luckey’s breach, although “barely” so. Whether the Exclusivity Violates the Bar on…
More Data Breach Lawsuits Fail In Court–Michaels Stores and SuperValu
…Dismisses Data Breach Lawsuit Against LinkedIn Based on Compromised Passwords – In re LinkedIn User Privacy Litigation Court Kicks Data Breach Claim Against Valve – Grigsby v. Valve Data Breach…
2H 2015 Quick Links, Part 3 (Trespass To Chattels, Privacy/Security)
…LabMD’s computer network, based on a “risk” of a future data breach and resulting identity theft injury, is without merit. First, the expert opinions upon which Complaint Counsel relies do…
Third Circuit Revives a Sliver of Plaintiff’s Cookie-Blocking Circumvention Claims Against Google
…long line of cases saying online tracking is not an “egregious breach of social norms,” but the court focused on how Google accomplished its tracking: by overriding the plaintiffs’ cookie…